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I write to strongly encourage you to take the motion to quash off calendar.

It is my position that
personal service was affected on your client. If required,, my process server will submit a declaration
stating that he attempted to make service on Mr. Wray at the Lakeview Terrace address and that Mr.
Wray avoided such service therefore the process left the summons and complaint at the address in close
proximity to Mr. Wray

"Personal delivery" as used in CCP 415.10 usually requires actual physical delivery of the summons and
complaint by the process server to the person served while in each other's presence. Sternbeck v Buck
(1957) 148 CA2d 829, 832. Actual delivery is not necessary, however, when the person to be served is in
physical proximity to the process server but refuses to accept delivery. In such cases, CCP 415.10 is
sufficiently complied with if the process server reasonably attempts to make actual delivery but is
prevented from doing so. In such situations the process may merely drop the summons next to the
party. This is known as drop service and usually occurs when a named defendant does not want to
accept the court documents. Our process service made a reasonable attempt to serve Mr. Wray but Mr.
Wray evaded such service therefore the process dropped the summons and complaint adjacent to Mr.
Wray. The process servers declaration will set forth this scenario but I find it to be an complete and
unnecessary expenditure of time money to have oppose your motion and submit such a declaration,
thus I request that you take this matter off calendar so that we may pursue litigating this case.

Another important factor re whether service is effective relates to whether the Defendant has ever
contacted the Plaintiff and acknowledged receipt of the summons and complaint in any way, entered
into settlement negotiations or made offers to settle the case. If any of these factors are present the
motion to quash can be opposed on the grounds that Defendant received actual notice of the lawsuit.
California law is settled that the statutes relating to service of process are to be liberally construed in
favor of proper service and the upholding of jurisdiction if actual notice has been received by the
Defendant. Your client has been aware of this lawsuit for some time as the parties have discussed
settlement so he should be estopped from complaining about defective service.

Accordingly, your motion lacks merit and will be denied by the court. Therefore, please take your motion
off calendar.

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